AN UNHOLY row has erupted between Roman Catholic priests and Birmingham City Council over the final resting place of the city's greatest churchman - Cardinal Newman.

AN UNHOLY row has erupted between Roman Catholic priests and Birmingham City Council over the final resting place of the city's greatest churchman - Cardinal Newman.

Roman Catholic group the Oratory Fathers are locked in a legal battle with the council over the Cardinal's grave near the Lickey Hills.

The row involving the memorial site of a man who earned the praise of Pope John Paul II during his historic visit to Britain in 1982, has led to High Court action.

The court has quashed a decision made by an independent inspector who had dismissed an appeal against the refusal of planning permission for fencing to protect the grave of the Cardinal.

The Cardinal has been buried in the grounds of Oratory House, Rednal, near the Lickey Hills, since his death in 1890 but in recent years the site has been vandalised.

Following advice from the police, the Oratory Fathers replaced a fence they regarded as an eyesore and erected another, providing greater protection.

But Birmingham City Council retrospectively refused planning permission on the basis that it was on Green Belt land.

The case was the subject of an appeal and heard by an independent inspector last year, who dismissed the proposals.

But the inspector's decision was challenged by the Fathers who considered the ruling flawed. Last week the High Court upheld the Fathers' concerns and the appeal was quashed.

The case will now be heard again by a planning inspector in June this year.

Louise Brooke-Smith from planning consultants CSJ Brooke-Smith, who is acting on behalf of The Oratory, said: "The High Court rarely overturns the decisions of independent inspectors but we're delighted that in this case that has happened.

"This is extremely good news and gives the Fathers the opportunity to present their case again before a planning inspector later this year. The circumstances of the site are very special and should have been taken into account by the inspector.

"While it is an unassuming grave, theologically it is very important and we feel that the site warrants effective protection.

"The Fathers have had horrendous vandalism problems from people getting into the site and the security was appalling.

"We consider that permission should be granted for the fence to stay in place and for Cardinal Newman to remain peacefully at rest without the threat of vandalism.

"It's important because moves are afoot to beatify the Cardinal which will make him the first Englishman (excluding the martyrs) to become a saint since the Reformation."

She said a quirk of planning laws meant the 2.4m fence was just 0.4 metres too high to escape council intervention.

A Birmingham City Council spokes-woman said: "We can confirm that there will be a new public inquiry into this case. There is no date fixed."